384 Search Results for Tort Law the Tort Actions in This
Some of the contracts which minors can't disaffirm include education loan contracts, insurance (health and life) contracts, armed forces enlistment contracts etc. Further, in some states, if a minor who seems (in terms of appearance) to be of majori Continue Reading...
Because promises are usually kept, it is usually reasonable to rely on a promise, and promises are usually relied upon. (p. 1)
Despite its centrality to the human condition, the social practice of promising remains primitive and incomplete in compa Continue Reading...
That is if the jurisdiction of no other contracting state was in issue and the trial had no connecting dynamic to any other contracting state.
In response to this question, the European court responded in the negative and asserted that the internat Continue Reading...
Oregon Supreme Court lately endorsed a disciplinary damage verdict for trespass stemming from an ecological remonstration. Even though the law at present authorizes disciplinary indemnity for trespass, this Memorandum makes a case that an instructio Continue Reading...
Enterprise Risk Management
Alumina, Inc., henceforth being referred to as AI, is an aluminum-based company. AI is at the center of focus in the Business Regulation Simulation that was studied for the purpose of this paper. This paper will identify Continue Reading...
contract formalizes the agreement between two parties regarding buying a certain item, entering into a certain service, or accepting a certain condition. Contracts cover a huge span of agreements including the sale of goods or real property, the ter Continue Reading...
Like most litigations on such complicated issues the company had little to do but show reasonable accommodation, adopt better surface practices and wait out a lengthy period before their liability was reduced substantially by the courts.
Ethical an Continue Reading...
Bart and George were also not engaged in any fraudulent activities that were part of the reasoning behind the trial court's findings against them.
Maryland's law states that the shareholders will be held responsible if they fail to observe the corp Continue Reading...
Contract Law
The author of this report is asked to look at the case study of Rami and his impatience related to selling his property in New York City. The questions that will be answered include whether a contract was formed, whether the buyer (Fahd Continue Reading...
He may have been entitled to those damages if he had filed a breach of warranty claim, which permits damages for emotional stress without an underlying physical injury, but Brad did not file a breach of warranty complaint, but merely a strict liabil Continue Reading...
However, as Schwarcz notes, the reasonable expectations doctrine fails in practical use for several reasons. Whie th doctrine may have widespread support from insurance law commentators, "Only a handful of state courts follow the rule, and the case Continue Reading...
Fraud is an important consideration in the area of legal contracts because of the fact that if fraud is present in the formation of a contract, the contract can, and mostly will, be invalidated. To establish contract fraud, it must be established tha Continue Reading...
violation of the student's Constitutional rights
The issue is whether there has been a possible violation of a student's "constitutional right to education" due to the fact that during the time she had to stay in the cage based on Mr. Billups' orde Continue Reading...
Faragher v. City of Boca Raton
Argued March 25, 1998
Decided June 26, 1998
PARTIES:
Beth Ann Faragher: petitioner; City of Boca Raton:
respondent
FACTS:
Beth Ann Faragher worked part-time and during summers between 1990 and 1995 as a life-guar Continue Reading...
8. State the "law of the case" of each of the following: (10) a) Gonzales v. Raisch: Affirmed Oregon statute allowing doctors to prescribe controlled substances in assisted suicide and invalidated Attorney General's statutory interpretation that as Continue Reading...
Health Politics
"What is the role of Congress in policy making process"?
Policy is a plan to identify goal or possible course of actions with administrative or management tools to accomplish these goals. On the other hand, policy is the authoritati Continue Reading...
Product Liability
Today's society is a consumer-based system where relationships are expressed when people buy products from companies. Product liability when accidents occur has become a focus point for many court cases and rulings. The purpose of Continue Reading...
damages is whether or not there is a contract that has been breached. Under Texas law, a plaintiff must be establish four elements in order to prevail on a breach of contract clam. The four elements are: 1) the existence of a valid contract; 2) perf Continue Reading...
Prosecuting offenders is not nearly as easy as it may appear to be, and having limitations on the length of time in which it takes to gather that evidence makes it that much harder for prosecutors. Also, within the scope of these laws, many guilty p Continue Reading...
In this particular instance, while under the impression that the expression 'Gros' denoted double packs, not as the objective term signified the amount o "12 x 12," a teacher reportedly ordered toilet paper on behalf of her school. "Her order of 'Gr Continue Reading...
.. pronounce it invalid," which is not the case in the investment contract signed by Wolf. The contract was standard, and gave authority to the broker to invest and manage the original sum of money. Although it could be argued that, given Wolf's expr Continue Reading...
In order to establish a constructive trust, one must look at whether a duty exists between the two parties. A fiduciary duty can arise from the circumstances of a conveyance. Furthermore, when parties have a relationship of trust and confidence, a d Continue Reading...
regal obligations owed by private individuals and company can help to protect community from environmental damage, and consider the effectiveness of such a system in preventing future harm.
The research proposal tries to explain how private laws ow Continue Reading...
Week 5
2. First, the Parkers were contractually obligated to pay the late fees because the fees were not exorbitant and were part of the parties' lease contract. However, unless the lease contract specifically says that the late fees could be char Continue Reading...
U.S. v. Alvarez-Machain (1992) Supreme Court Decision
Supreme Court decision in U.S. v. Alvarez-Machain (1992) that "forcible abduction of a foreign national does not prohibit his trial in a U.S. Court" dealt a body blow to international law, the im Continue Reading...
Reform from within the EU does not seem possible, either. It is so structured as to prevent changes in member states' minority status and other modifications from becoming attainable. Attempts by any government to amend the Community laws are consi Continue Reading...
contract have been well established over the course of time and have remained constant during that time. Traditionally, contracts have been defined as consisting of an offer and acceptance supported by consideration but there other elements that mus Continue Reading...
To prove either side of the argument, the sensitivity and impact needs to be assessed -- there is no blanket rule of everything being transparent, or everything being private; it is dependent upon the sensitivity and overall impact of the issue at h Continue Reading...
Victor and Hugo both knowingly entered into a contract to split the proceeds from a felonious action, the contract is not enforceable. In this situation, Victor can even keep the ten percent that he has now offered to pay Hugo instead of the origina Continue Reading...
HANS PEDER JENSEN, by Executor of the Estate Carla Christine Jensen Plaintiff,
THE WHITE STAR LINE, Defendant.
The law suit was brought by Carla Christine Jensen, fiancee of Hans Peder Jensen and executor of his estate (as expressed in Mr. Jensen' Continue Reading...
Cyber Forensics and Legal Considerations: Is the Law Keeping up with Advancing Technology?
Introduction
Because of the digital age and the possibilities it has introduced, digital forensics is now a necessity within the realm of law enforcement. Howe Continue Reading...
Business Law: Saukars, Nib Corp, and Guesthouses.
In order to examine the potential legal issues between the parties, it is important to look at the contractual relationships between those parties. First is the relationship between the guesthouses a Continue Reading...
Case AnalysisCase 1: Palmateer v. International Harvester Company, 85 Ill. 2d 124, 421 N.E.2d 876 (1981)Parties: In the case of Palmateer v. International Harvester Company, the plaintiff was an employee of the defendant company.Facts: Plaintiff clai Continue Reading...
Case AnalysisCase 1: Palmateer v. International Harvester Company,85 Ill. 2d 124, 421 N.E.2d 876 (1981)Parties: In the case of Palmateer v. International Harvester Company, the plaintiff was an employee of the defendant company.Facts: The facts of th Continue Reading...
WEEK 1Week 3: Case AnalysisYoung v. Becker & Poliakoff, Court of Appeals of Florida, Fourth District (2012)PartiesThe plaintiff was Jacquelyn N. Young (the appellant), and the other party involved was the law associate firm, Becker & Poliakoff (the a Continue Reading...
WEEK 1 CHAPTER REVIEW JOURNAL BLWeek 1 Chapter Review Journal BLQuestion 1In my opinion, if the Court were to hear a new flag burning case, it should follow precedent and find that setting the American flag ablaze essentially constitutes free speech Continue Reading...
This is usually a low standard to achieve. As long as a person acts in a way which avails the person of the protection of the laws of that state, that person has subjected themselves to the jurisdiction of that state (International Shoe).
Next, the Continue Reading...
d.).
The doctrine of good faith and fair dealing is like the idea of fairness, is simple to expressive but hard to relate with accuracy. Most lawyers know the policy in the circumstance of personal property sales for the reason that the Uniform Comm Continue Reading...
Issues Presented or Questions of Law:
1) Did the SBL agreement constitute the contract between the parties?
2) Was Plaintiffs' case barred by the parole evidence rule?
3) Should the trial court have sustained Defendants' demurrer to Plaintiffs' Continue Reading...